Section 181 — Resource Management Act 1991: Alteration of designation
Text of the provision Official document
181 Alteration of designation (1) A requiring authority that is responsible for a designation may at any time give notice to the territorial authority of its requirement to alter the designation. (2) Subject to subsection (3) , sections 168 to 179 shall, with all necessary modifications, apply to a requirement referred to in subsection (1) as if it were a requirement for a new designation. (3) A territorial authority may at any time alter a designation in its district plan or a requirement in its proposed district plan if— (a) The alteration— (i) Involves no more than a minor change to the effects on the environment associated with the use or proposed use of land or any water concerned; or (ii) Involves only minor changes or adjustments to the boundaries of the designation or requirement; and (b) Written notice of the proposed alteration has been given to every owner or occupier of the land directly affected and those owners or occupiers agree with the alteration; and (c) Both the territorial authority and the requiring authority agree with the alteration— and sections 168 to 179 shall not apply to any such alteration. (4) This section shall apply, with all necessary modifications, to a requirement by a territorial authority to alter its own designation or requirement within its own district. Subsection (3) was amended, as from 1 August 2003, by section 66(1) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ or a requirement in its proposed district plan ” after the word “ plan ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3) was amended, as from 1 August 2003, by section 66(3) Resource Management Amendment Act 2003 (2003 No 23) by substituting the word “ alteration ” for the word “ change ” in the last place where it appeared. See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (3)(a)(ii) was amended, as from 1 August 2003, by section 66(2) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ or requirement ” after the word “ designation ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (4) was inserted, as from 7 July 1993, by section 95 Resource Management Amendment Act 1993 (1993 No 65). Subsection (4) was amended, as from 1 August 2003, by section 66(4) Resource Management Amendment Act 2003 (2003 No 23) by inserting the words “ or requirement ” after the word “ designation ” . See sections 109 to 113 of that Act as to the transitional and savings provisions.
Official source: legislation.govt.nz
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